[tei-council] Copyright and fair use in Guidelines quotations

[Laurent Romary]

Hi David,
I would definitely use the example, but associating it with the  
information you give in your message:
- probable source in 1916
- "claimed" copyright by....
Laurent

Le 16 avr. 08 à 03:46, David Sewell a écrit :

> I'm turning to my Sourgeforge ticket item on creating an example of  
> using <milestone> to mark change of speaker. As I indicated in  
> Galway, the "Conversation with Death" made popular by the film "O  
> Brother Where Art Thou?" offers a perfect example in its opening  
> stanza:
>
>         Oh what is this I cannot see
>         With icy hands gets a hold on me
>         Oh I am Death, none can excel
>         I open the doors of heaven and hell
>
> where the first two lines in the <lg> are spoken by the dying man,
> the second two by Death.
>
> I had assumed this was an old ballad in the public domain. Turns out,
> oddly enough, there is strong evidence it was written by a North
> Carolina preacher in 1916, and a transcription of it in a recent  
> Journal
> of Folkore Research issue bears a copyright line, "Copyright © 2003 by
> Estate of Lloyd Chandler". Whether or not the copyright would stand up
> in court (if the lyrics were ever published without copyright notice
> before 1977, it is in the public domain under US law), what's the  
> policy
> on quoting in the Guidelines from a text claimed to be under  
> copyright?
> Using those four lines as an example would be protected under "fair  
> use"
> in US law, but is it best to avoid a quotation like this?
>
> I can substitute lines from a similar broadsheet ballad if need be:
>
> http://www.nls.uk/broadsides/broadside.cfm/id/14980/transcript/1
>
> Advice?
>
> -- 
> David Sewell, Editorial and Technical Manager
> ROTUNDA, The University of Virginia Press
> PO Box 801079, Charlottesville, VA 22904-4318 USA
> Courier: 310 Old Ivy Way, Suite 302, Charlottesville VA 22903
> Email: dsewell at virginia.edu   Tel: +1 434 924 9973
> Web: http://rotunda.upress.virginia.edu/ 
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